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HomeMy WebLinkAbout1993-07-12 CPC MIN• STILLWATER PLANNING COMMISSION MINUTES Date: July 12, 1993 Time 7 p.m. Members Present: Gerald Fontaine, Chairman Glenna Bealka, Duane Elliott, Dorothy Foster, Rob Hamlin, Jay Kimble, Kirk Roetman, Don Valsvik and Darwin Wald Steve Russell, Comm. Dev. Director Chairman Fontaine called the meeting to order. APPROVAL OF MINUTES Motion by Darwin Wald to approve the minutes of June 14, 1993; seconded by Duane Elliott. All in favor. PUBLIC HEARINGS • Continuation of Case No SUB/93-35 - A minor subdivision of Lots 17, 17 and 19, Block 1, Churchill and Nelson's Second Addition by adding a 5 foot by 150 foot parcel to Lots 6, 7, and 8, Block 1, Churchill and Nelson's Second Addition. The property is located in the Two Family Residential, RB, Zoning District at 311 E. Burlington St. Jim Lammers appeared on behalf of applicant Edna Andrewsen. Mr. Lammers said Mrs. Andrewsen had sold the three lots directly west of her existing home with the condition that the easterly five feet be sold back to her for utility easements. No variances were needed, he said. Motion by Duane Elliott, seconded by Darwin Wald, to approve the minor subdivision request. Motion passed 9-0. Continuation of Case No SUP/93/36 - A Special Use Permit for operation of a painting business out of a residence at 507 W. Maple St. in the Two Family Residential, RB, Zoning District. Applicant Forrest Cole appeared on his own behalf. Mr. Cole said the only business- related activity taking place at the home would be phone calls from prospective clients. The small amount of excess paint he has is stored in a locked storage box at the back of his property. Motion by Kirk Roetman, seconded by Rob Hamlin, to approve the Special Use Permit with four conditions of approval. Motion passed 9-0. 2 10 Case No. SUP/93-45 - Special Use Permit for a temporary 30-car parking lot located just south of the Brick alley parking lot in the RB, Two Family Residential District. Applicant Richard Anderson appeared on his own behalf. Mr. Russell told the Commission that the Heritage Preservation Commission had suggested an added condition of approval -- that a paving plan be submitted by the spring of 1994, with the paving completed by July of 1994. Motion by Don Valsvik, seconded by Glenna Bealka, to approve the Special Use Permit as conditioned. Motion passed 9-0. Continuation of Case No. SUPN/93-39 - A Special Use Permit and Variance to the Bed and Breakfast Ordinance (another Bed and Breakfast is located within 900 feet) to conduct a four guest room Bed and Breakfast, the property is located in the Two Family Residential, RB, Zoning District. John Hilpisch appeared on his own behalf. Mr. Hilpisch said the home has been taken off the market and said he saw no sense in pursuing the request considering the sentiments expressed at the last Commission meeting. Mr. Russell noted the Commission could continue the request, suggesting a time limit of six months and take action at that time if the request had not been brought back to the Commission. Bruce Brillhart, 319 W. Pine St., spoke in opposition to the request. He said the city should not be in the business of selling houses (granting a permit to make a house more marketable); the request is not fair to other Bed and Breakfast operators who have abided by the 900-foot rule; and legally, a variance cannot be granted for economic hardship. Duane Elliott moved to continue the request until the first meeting in 1994. Rob Hamlin said he saw no merit in continuing the request. He said the request is in clear violation of the intent of the Bed and Breakfast ordinance, and that continuing the matter only raises false hopes. Mr. Roetman agreed that a continuance puts off a decision by the Commission. Mr. Elliott said preservation of beautiful homes, like the Hilpisch home, is what the writers of the B & B ordinance had in mind. That's why there are variances, he said. Glenna Bealka agreed that there should be extenuating factors. She noted that none of the B & B owners within the 900-feet rule had spoken against the request. She also called the Hilpisch home a "drawing card" just the way it is. Glenna Bealka seconded the motion to continue the request to the first meeting of 1994. Motion passed 6-3, with Fontaine, Hamlin and Roetman opposed. Case No. ZAM/93-40 - A rezoning of Lots 1, 2 and 3, Block 2 and Outlot C of Felly's addition (between Charter Oaks and Courage Center along Curve Crest Boulevard) • from Business Park-Industrial to Medium Density Multiple Family Residential, RCM. 3 . Applicant Leonard Feely appeared on his own behalf. A representative of Successful Space Inc., a non-profit St. Paul-based developer that provides affordable, accessible housing for handicapped persons presented graphics of projects similar to a project proposed for a portion of the property. The developer works with HUD to secure federal funding for its housing projects. The proposal is to construct a 24-unit building, 21 one-bedroom units and three two-bedroom units. The building is totally wheelchair accessible and designed to meet the needs of wheelchair-bound people. Mr. Russell reminded the Commission that it was the zoning change, not a specific project, being requested for approval. Rob Hamlin said he city was fortunate to have that property adjacent to Courage St. Croix available. He said the proposal for handicapped housing was an appropriate use for the parcel, and asked whether the city couldn't designate such a use in making the zoning change. He expressed his concern that the parcel might "slip away" once the zoning change was made. Mr. Russell said the city could not designate use and could not discriminate in favor of one project over another. The representative of Successful Space Inc. said he has been in contact with HUD and doesn't see why the agency would refuse to fund the project. However, he noted that according to HUD regulations, a zoning change is the first step in the approval • process. A motion was made by Glenna Bealka, seconded by Kirk Roetman, to approve the rezoning request. Motion passed 9-0. Case No. SUP/93-41 - A modification to an existing Bed and Breakfast permit to increase the number of guest rooms from three to four. The property is located at 801 W. Pine St. in the Two Family Residential, RB, Zoning District. Applicant Jon Graybill appeared on his own behalf. Mr. Russell said the request had been reviewed and approved by the Heritage Preservation Commission. Mr. Roetman said a complaint had been received regarding on-street parking. Mr. Graybill said he had not received any complaints about parking. He said a 30-foot wide, 60-foot deep off-street parking area, nine-feet per auto, is provided for guests. Parking has not been a problem, he said. Duane Arndt, 811 W. Pine St., spoke against the request. He said he was amount of the amount of traffic and questioned whether there is enough room for the turning and parking of additional vehicles. Motion by Glenna Bealka, seconded by Darwin Wald, to approve the request. Motion • passed 9-0. 4 Case No. W93-42 - A Variance to the height requirement for construction of a single- family residential structure. The property is located at 809 N. Fourth St. in the Two Family Residential, RB, Zoning District. Applicant Tim Stefan appeared on his own behalf. Mr. Stefan showed the Commission a model of the proposed single-family residence and single-car garage. The height of the home is actually shorter than the building around it, he said. Mr. Elliott expressed his concern about the condition of the retaining wall that runs along the property and asked whether it would be the city's responsibility to repair the wall if it failed. He also said he was surprised the property was a saleable lot. Mr. Russell noted the property is a lot of record. He said liability issues would probably be better if the lot is developed than with the current situation. Mr. Fontaine asked whether the city could require a fence on the property to be child proofed. Mr. Russell said that would be a matter addressed in the building permit. Mr. Russell also noted it would have to be determined whether the fence/railing is a legal non-conforming use or a new use once the property is developed. Kirk Roetman made a motion, seconded by Dorothy Foster, to approve the variance request with six conditions of approval. Motion passed 9-0. Case No. V/93-43 - A Variance to the one-story allowable for an accessory structure to construct a two-story garage at 225 N. Greeley St. in the RB, Two Family Residential District. Applicant Gary Gilberg appeared on his own behalf. He said the requested garage would be at street level, but below lot level. The existing drive and garage would be removed. Motion by Don Valsvik, seconded by Duane Elliott, to approve the Variance request with two conditions. Motion passed 9-0. Case No. BM/93-44 - A request to move home into the city of Stillwater from another municipality. The proposed location of the home will be Lot 5, Block 11, Staples and Mays Addition. The property is located at 850 N. Martha St. in the RB, Two Family Residential District between West Hickory Street and West Elm Street. Applicant Joel Wahlin appeared on his own behalf. Mr. Wahlin explained that the home would be moved from a lot in May Township where he plans to construct a new home. He intends to sell the existing home once it is moved to the Stillwater location. He said he will be doing work to bring the 30-year-old home up to code, and agreed to construct a garage if that is a condition of approval. There was considerable discussion about potential drainage problems at the lot in question. Mr. Wahlin said he thought the drainage would be improved with • construction of a basement, addition of some fill and proper grading. 5 Mr. Valsvik said use of the lot shouldn't be restricted because other people's water • drains onto the property. Mr. Russell suggested that the engineers look at the parcel before the request goes before the City Council; he also mentioned the possibility of requiring a drainage easement. A neighboring property owner, Herman Duckworth, 813 N. Everett St., asked about drainage plans. Another neighbor, Jean Wilhelmson, 322 W. Hickory St., expressed her concern that the house not become a rental property. She also expressed concern that some mature trees/shrubs might be disturbed in providing sewer/water service to the property. Mr. Wahlin said he would be willing to "pay extra" to avoid disturbing the trees in question. A motion was made by Kirk Roetman, seconded by Darwin Wald, that the request be approved with the additional condition that the drainage and sewer and water connections be reviewed by the city engineer. Motion passed 9-0. ZONING ORDINANCES Restrictive Soils Ordinance - Mr. Russell said the ordinance is intended to make sure that soil conditions are considered when developments take place; it primarily affects large parcels of land currently undeveloped. Mr. Valsvik asked who determines what are "restrictive soils." Mr. Russell said the entire county has been tested and maps of the various soil conditions prepared. • Motion made by Don Valsvik, seconded by Kirk Roetman, to recommend approval of the draft restrictive soils ordinance. Motion passed 8-0. (Jay Kimble was not present when the vote was taken.) OTHER BUSINESS The Commission set 7 p.m. Aug. 2 as the time for workshop session to discuss the Planning Commission's roles, jurisdictions, and approach to issues. Bob Lockyear, Washington County planning and public affairs, will conduct the session. Rob Hamlin moved to adjourn the meeting at 9 p.m.; seconded by Kirk Roetman. All in favor. Submitted by: Sharon Baker Acting recording secretary 0